[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, according to the evidence No. 3 of KRW 101,407,387, the Defendant sought payment of KRW 101,407,387, among them, to the Plaintiff within the scope of the property inherited from the deceased B (DB; hereinafter “the deceased”), the sum of principal and attempted interest is 104,407,387, and the Plaintiff sought payment of KRW 101,407,387.

In addition, among them, 9,870,008 won is obligated to pay damages for delay calculated at each rate of 7.05% per annum, which is the interest rate for delay, from November 12, 2019 to December 24, 2019, which is the date of service of a copy of the complaint in this case, and 12% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day to the date of full payment.

3. The defendant's assertion on the deceased's inherited property is alleged to the effect that the plaintiff cannot respond to the plaintiff's claim since the Seoul Rehabilitation Court Order 2018Hadan103921 decided on the deceased's inherited property. Thus, Article 346 of the Debtor Rehabilitation and Bankruptcy Act provides that "the declaration of bankruptcy on inherited property shall not affect the qualified acceptance." Thus, even if the deceased's bankruptcy on inherited property is declared upon the defendant's request, it does not affect the above obligation inherited by the defendant as the qualified acceptance.

I would like to say.

The defendant's argument is without merit.

4. The plaintiff's claim for the conclusion is justified and acceptable.